Welcome to our inaugural edition of #WorkforceWednesday, featuring Employment Law This Week®, blog posts, client alerts, and other helpful resources from Epstein Becker Green’s Employment, Labor & Workforce Management practice. Get the information you need weekly by reviewing a convenient, one-stop resource in a matter of minutes.

We invite you to watch the week’s top workforce management and employment law news, and read about the most significant developments impacting employers.

DOL Issues Final Joint-Employment Rule

The Department of Labor (DOL) released its final rule on joint-employer status under the Fair Labor Standards Act. The DOL is the first agency to act on this controversial issue, and the final rule goes into effect on March 16, 2020. Our blog post explains further - ebglaw.com/eltw149-ww1

Coronavirus Outbreak and the Workplace

The coronavirus outbreak is spreading across the globe. Last week, the World Health Organization declared a global health emergency, and employers are preparing for the potential threat. Click here for more information - ebglaw.com/eltw149-ww2

New Jersey Expands Medical Marijuana Protections

New Jersey is again setting the high-water mark for employee protections around medical marijuana. The state’s appellate division has upheld a workers’ comp order that requires an employer to pay for a former employee’s medical marijuana.

Other Highlights

In the States

· Illinois has several new laws that went into effect in 2020. Here’s a roadmap for navigating the new requirements - ebglaw.com/eltw149-ww3

· Data Privacy Day was last week. States are aggressively legislating around privacy and cybersecurity. Click for more - ebglaw.com/eltw149-ww4

· California’s AB 5 does not apply to 70,000 independent truckers for now, thanks to a preliminary injunction. Read more - ebglaw.com/eltw149-ww5

What We’re Reading

Fertility and Surrogacy Benefits: What Are the Tax and Legal Implications? – a Bloomberg Tax Management Memorandum article by Cassandra Labbees and Cynthia Joo. Read the article -ebglaw.com/eltw149-ww6

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These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

The changing nature of work requires some fundamental shifts in the structure and culture of our workplaces. Erica Volini, Deloitte Global Human Capital leader, continues our look ahead with tips for employers as they prepare for the future of work.

This is a "Tip of the Week" segment from Employment Law This Week® (Episode 148: January 2020), an online series by Epstein Becker Green. youtu.be/LPZBQCQkkxQ

Visit EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C.

This Employment Law This Week® Monthly Rundown discusses the most important developments for employers heading into January 2020. The episode includes:

1. The Recalibration of Federal Agencies

The year 2019 was the year of the “reset” button, where the regulatory agencies rolled back Obama-era positions on controversial issues, like overtime pay and joint employment. New joint-employer rules are expected any day, and the National Labor Relations Board (“NLRB” or “Board”), in particular, was very active at the end of the year, with decisions reversing Purple Communications’ holding allowing the use of company email systems for union activity, the Board’s holdings prohibiting confidentiality requirements for investigations, proposed changes to the “quickie election” rules, and more. The year 2020 brings with it an opportunity for the NLRB, Equal Employment Opportunity Commission, and Department of Labor to move on to bigger-picture thinking about priorities in the Trump administration. The General Counsel of the NLRB signaled this kind of philosophical thinking with his movement on neutrality agreements.

"These [neutrality] agreements really are a one-sided agreement that silences the employer while allowing the union to organize. If the Board were able to have this case come to fruition and we were to get a precedent-setting Board decision on whether neutrality agreements are valid, it would have a really large impact on what has been the current trend of organized labor to try to unionize new employees." —Adam Abrahms, Member of the Firm, Epstein Becker Green

Click here for more information: ebglaw.com/eltw148-mm1

2. Marijuana Legalization Spreads Across the Country

Marijuana legalization is on the march. Illinois is now the 11th state to legalize recreational marijuana. Florida, Indiana, and Massachusetts are just a few states considering bills prohibiting discrimination against medical marijuana users, and New York and New Jersey could become the next two states to legalize marijuana for recreational use. On the federal level, two bills made strides in the House that would bolster state marijuana laws.

Click here for more information: ebglaw.com/eltw148-heal

3. The Changing Nature of Work

The “gig economy,” technology, and the #MeToo movement are driving change in the way we work. In 2019, we saw aggressive regulatory efforts in worker classification, data privacy, and equal pay as states worked to grapple with these issues. On the federal level, the ongoing battle over EEO-1 data collection underscores how fundamental conflicts over technology can drive conversations about equality as regulators race to catch up to the changing paradigm. In 2020, employers and regulators alike are setting their sights on artificial intelligence (“AI”) technology, which is poised for integration into all kinds of business functions, including employment.

"Employers are using facial recognition technology in a variety of ways. First and foremost, they're using it for video interviews. Facial recognition technology is also used by companies for security purposes, both data and physical. Lastly, employers are using facial recognition technology in lieu of traditional time clocks." -Matthew Savage Aibel, Associate, Epstein Becker Green

4. Tip of the Week

The changing nature of work requires some fundamental shifts in the structure and culture of our workplaces. Erica Volini, Deloitte Global Human Capital leader, continues our look ahead with tips for employers as they prepare for the future of work:

"In order to tackle the future of work, organizations need to look into the future, or zoom out. And we're not talking about the next 12 to 18 months; we're talking about looking at the next three, five, even 10 years to reimagine, what is the work going to be moving forward and what are the new outcomes that organizations need to tackle? And based on that re-imagination of the work, what is the composition of the workforce that's needed, and how do we change the policies, the programs, and the processes designed to support that workforce? And that can't be done by HR alone. We need HR, legal, finance, and IT to be working together in concert to help make the changes that are required, and help the organization get prepared for the work of the future."Visit EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The “Tip of the Week” offers one perspective on possible human resource ideas or business practices. It presents the perspective of an individual not affiliated with Epstein Becker Green and should not be considered legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm:

The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of the “quickie” election rules and the reversal of Purple Communications. This will change many things for employers in the new year and beyond.

For more information on these major NLRB decisions, consider this related reading on Epstein Becker Green’s Blog Management Memo:

• “The Board Restores Balance in Collective Bargaining by Restoring Employers’ Right to Unilaterally Cease Dues Checkoff Upon Expiration of a Collective Bargaining Agreement” - managementmemo.com/2019/12/17/the-board-restores-balance-in-collective-bargaining-by-reinstating-employers-ability-to-unilaterally-cease-dues-checkoff-after-contract-expiration/

• “NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems" - managementmemo.com/2019/12/23/nlrb-reverses-position-on-confidentiality-concerning-workplace-investigations-holds-that-confidentiality-requirements-are-presumptively-lawful-confidentiality/

• “NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are Presumptively Lawful” - managementmemo.com/2019/12/23/nlrb-reverses-position-on-confidentiality-concerning-workplace-investigations-holds-that-confidentiality-requirements-are-presumptively-lawful-confidentiality/

• “NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules” - managementmemo.com/2019/10/15/nlrb-solidifies-boeing-and-provides-guidance-on-employer-workplace-rules/

• "NLRB Issues Proposed Rule to Scale Back 2014 Expedited Election Rules" - managementmemo.com/2019/12/13/nlrb-issues-proposed-rule-to-scale-back-2014-expedited-election-rules/

We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.

A Trending News interview from Employment Law This Week®, featuring attorney Matthew Savage Aibel of Epstein Becker Green:

Employers’ use of facial recognition technology is expected to increase in 2020. But the use of this new technology carries new compliance risks.

We invite you to view Employment Law This Week® – tracking the latest developments that could impact you and your workforce. The series features three components: Trending News, Deep Dives, and Monthly Rundowns.

Watch the series and subscribe for email notifications: EmploymentLawThisWeek.com.

These materials have been provided for informational purposes only and are not intended and should not be construed to constitute legal advice. The content of these materials is copyrighted to Epstein Becker & Green, P.C. EMPLOYMENT LAW THIS WEEK® is a registered trademark of Epstein Becker & Green, P.C. ATTORNEY ADVERTISING.